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Mistake in the Order! Oral v. Written Orders in Florida

by | Jan 31, 2013 | Criminal

You leave court and realize, there is a mistake in the Order!  Clerks are people, what happens if the Clerk makes a mistake? For instance what happens if the judge orders one thing from the bench but the written order says something different? There is a mistake on the judgment, sentence or final order! This happens from time to time and if you have ever been to criminal or traffic court you know why. One hundred cases are handled within 120 minutes and there is simply a lot of paperwork moving really fast. Most of the orders are simply forms and the Clerk will check boxes as the judge speaks from the bench. Sometimes, the wrong box gets checked.

For some reason I’ve been contacted a few times by attorneys and defendsnats in the past month in regards to this issue which usually only happens a few times a year. The issue is not complex and but does require a written motion from you or your attorney to be fixed. In Florida, the oral pronouncement from the bench will trump the written order. The oral ruling rules over the written order. Therefore if the judge says ABC from the bench but the written order says XYZ then what rules is ABC.

If there is a scrivener’s error or other mistake in your judgment, sentence or final order a written motion or request needs to be filed as soon as possible. If there is a mistake in the paperwork received from the court, then to get started click or call today.